Legal Question in Family Law in Wisconsin

WI marital property law vs transfering/ hiding of assets by one spouse

If a party in a WI marriage learns that their spouse has transferred assets acquired during the course of marriage to a relative for the purpose of concealment from them, would the injured spouse have any legal recourse in claiming their share of these assets that could be proven they were acquired while married? Or could the spouse doing the transferring of assets claim it was given to this relative as a gift unbenounced to the other spouse? What if the assets were acquired during the marriage, but due to a payback on something that occurred prior to the marriage? It still would be considered marital property for it was acquired during marriage, wouldn't it?


Asked on 12/06/97, 7:00 pm

1 Answer from Attorneys
Robert Friend Robert H. Friend, Attorney at Law

Transfer of Assets unbeknownst to Spouse

In my state (NC) your question is quite complicated. I don't know how much our two states' laws are similar. But in NC property that is acquired during marriage from marital funds is generally divided 50/50 at DIVORCE. And (in NC) your spouse cannot effectively transfer real estate without your signature (it's actually a lot more complicated than that). You'd better hustle to a lawyer; sounds like you have more than marital problems here and it may be expensive to sort out, I'm afraid.

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Answered on 12/08/97, 5:18 pm


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